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Injury Benefit pension on divorce

  • Bak888
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21 Jun 12 #338122 by Bak888
Topic started by Bak888
My wife and I are divorcing after 25 years of marriage. I am early retired receiving an ill health pension and also receive payments under the NHS Injury benefit Scheme. Will my NHS Injury benefit Scheme payments be taken into consideration when it comes to negotiating a financial settlement.

Please help as I am so stressed out and depressed over my marital breakup. I am also in so much debts (many thousands owed to credit cards and siblings) which is preventing from going to seek professional advice as I am broke!!!

Thank you for reading this. Any help will be greatly appreciated.

  • NoWhereToTurnl
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21 Jun 12 #338138 by NoWhereToTurnl
Reply from NoWhereToTurnl
Welcome to Wiki Bak88,

Take a big deep breath, you will get lots of support on this site.

Lets take this one step at a time and first of all, if you can give some more information, it will help the community help you more.

We know you have been married 25yrs, did you cohabit before marriage?

What are your respective ages?

Are there any children & what are their ages?

What is both your housing, is it rented or mortgaged? Its value? How much outstanding? How much equity?

Does your wife work?

Has your wife got a pension?

When did you sustain your injuries & what degree of disability have you got?

Are there any assets jointly or held in sole names?

Do either of you claim benefits, for what & how much received?

What is the total amount of debt?

I know it looks like you are giving your life history but once you start reading other posts you will see we all have done it as its impossible to get correct advice without.

Best wishes.
NWTT

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22 Jun 12 #338288 by ian conlon actuary
Reply from ian conlon actuary
I have been involved in cases which have involved police officers who have benefits paid under the injury on duty scheme. I have normally been insructed to take these into account when looking at issues such as percentage pension share required to achieve equal incomes.
Ian

  • The Divorce IFA
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22 Jun 12 #338380 by The Divorce IFA
Reply from The Divorce IFA
My understanding is that the injury benefits themselves cannot be shared unlike the main pension scheme benefits.

However, as Ian points out this does not stop them from being factored into any calculation for equality of income purposes.

In this circumstance you would expect to see a higher pension share % being used against the main pension scheme benefits (to take into account the injury benefits income which cannot be shared).

Regards

Phil

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22 Jun 12 #338425 by Bak888
Reply from Bak888
Thank you so much for your response NWTT. I am not in the position yet to answer all the above questions as I am just not feeling too well today (mentally). I really appreciate your effort to help and will try and answer the questions soon when I feel stronger in myself emotionally. Thanks again.

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22 Jun 12 #338428 by Bak888
Reply from Bak888
Thank you Ian for your post. This is helpful to me as it has made me aware of what can happen. Much appreciated.

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22 Jun 12 #338430 by Bak888
Reply from Bak888
Thank you Phil for your input. Much appreciated.

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